Deprivation of Liberty Safeguards - Asist

1 Deprivation of Liberty Safeguards :Role of the Relevant Person s Representative clear communication2 Key TermsDoLS: Deprivation of Liberty SafeguardsManaging Authority: the person or organisation with responsibility for managing the delivery of care of the person who is deprived of their libertyConditions: requirements of some DoLS authorisations to reduce levels of restriction Supervisory Body: Stoke on Trent City Council are responsible for overseeing Deprivation of Liberty authorisations in Stoke on TrentRelevant Person: the person (your family member or friend) who is deprived of their libertyIMCA: Independent Mental capacity Advocates are independent from the Local Authority and NHS and are there to provide unbiased representation and supportBest Interests Assessor (BIA) assesses: is the Deprivation of Liberty in the relevant person s best interest? are there any less restrictive alternatives?

2 Is the Deprivation of Liberty proportionate to the degree of risk if Liberty is not deprived?Court of Protection: a specialist Court that makes decisions in the best interests of people who lack capacity to make a specific decision3 Why you are being given this informationYour family member or friend has a DoLS authorisation in Supervisory Body has agreed that your friend or family member needs a level of care and support that requires a DoLS Best Interests Assessor (BIA) will have talked to you about this during your family member or friend s assessment. Relevant Person s Representative (RPR)A person who is deprived of their Liberty has the right under DoLS to have someone (usually a family member or friend) to represent them. The family member or friend is a Relevant Person s Representative (RPR).The Supervisory Body will appoint an independent advocate as an RPR if the relevant person s family or friends are unable to undertake the of Liberty SafeguardsThe Mental capacity Act 2005 Deprivation of Liberty Safeguards and you Easy read OPG609 Deprivation of Liberty Safeguards A guide for relevant person s representatives Mental capacity Act 2005 Deprivation ofliberty safeguardsCode of Practice to supplement the mainMental capacity Act 2005 Code of PracticeMental capacity Act 2005 ISBN 978-01132281579780113228157 XXX UTP DP VLCopies of this publication can be downloaded copies of this publication are available from TSOFor more information on the Mental capacity Act contact theOffice of the Public Guardian9am 5pm, Mon FriTelephone: 0845 330 2900 (local call rate)or +44 207 664 7000 (for callers outside UK)Text Phone:020 7664 7755 Fax: 0870 739 5780 (UK callers)Email.

3 : Office of the Public Guardian Archway Tower 2 Junction Road London N19 5 SZMental capacity Act 2005 Deprivation of Liberty Safeguards range of free information asist4 Rights of an RPRYour rightsTo check on the authorisation and conditions you must have information about: the background to the DoLS authorisation the purpose of the DoLS authorisation the duration of the DoLS authorisation the relevant person s care and is so you can check that the DoLS authorisation is in the person s best interests and to see if the conditions of the authorisation are being have the right to an Independent Mental capacity Advocate (IMCA) who can help you to understand the DoLS and support you with your role as should contact the Supervisory Body to request an you are unable to undertake the RPR roleIf you feel unable to accept the role of the RPR you should inform the Supervisory Body immediately so an alternative can be IMCA will undertake the RPR role if you feel unable to meet the role of the RPR roleYou must maintain regular contact with the relevant person (at least once per month).

4 You must check that any conditions of the DoLS Authorisation are being met. You must inform the relevant person of their right to a review of their Deprivation through the Supervisory Body or Court of must make a request to the Supervisory Body to review the Deprivation on the relevant person s behalf if required. Role of an RPRTom lives in a care home. The DoLS authorisation has a condition that he is given the opportunity to go out into his local community twice a week. Tom s brother Mike is the RPR and visits Tom every week. Tom says he has not been out for a while and he wants to go out more. The staff tell Mike that Tom doesn t usually want to go out. There is no record of when Tom has been out or when Tom has been offered opportunities but said no. Mike requests a review from the Supervisory Body to check if the conditions of Tom s authorisation are being RPR in practiceYou should request a review.

5 If the relevant person now has capacity to make decisions about their care and treatment if the relevant person expresses in any way (verbal or non-verbal) their objection to the DoLS authorisation if you think the DoLS authorisation is no longer in the relevant person s best interests if you think there is a less restrictive way to manage the relevant person s care or treatment if the conditions of the DoLS authorisation are not being met by the managing Mental capacity Act 2005 Deprivation of Liberty Safeguards and you Easy read OPG609 Deprivation of Liberty Safeguards A guide for relevant person s representatives Mental capacity Act 2005 Deprivation ofliberty safeguardsCode of Practice to supplement the mainMental capacity Act 2005 Code of PracticeMental capacity Act 2005 ISBN 978-01132281579780113228157 XXX UTP DP VLCopies of this publication can be downloaded copies of this publication are available from TSOFor more information on the Mental capacity Act contact theOffice of the Public Guardian9am 5pm.

6 Mon FriTelephone: 0845 330 2900 (local call rate)or +44 207 664 7000 (for callers outside UK)Text Phone:020 7664 7755 Fax: 0870 739 5780 (UK callers)Email: : Office of the Public Guardian Archway Tower 2 Junction Road London N19 5 SZMental capacity Act 2005 Deprivation of Liberty Safeguards is a range of free information available online to support you and the relevant person to understand Deprivation of Liberty and information:7 You must challenge an authorisation, on behalf of the relevant person, in the Court of Protection if: the relevant person makes a request that their case is taken to the Court of Protection the relevant person is consistently objecting to the Deprivation of Liberty the relevant person s non-verbal communication indicates their objection to the Deprivation of challenging the relevant person s DoLS authorisation through the Court of Protection: seek legal advice from a solicitor ask for advice from the Supervisory Body request an IMCA via the Supervisory of ProtectionLinda moved from her home to a residential placement for an assessment of her care needs.

7 Linda s husband Paul is the RPR. Linda consistently tells Paul that she wants to go home. Paul believes it is in Linda s best interest to stay at the residential placement. Paul explains to Linda that he will speak to the Supervisory Body to request a review. Linda is still unhappy so Paul makes an application to the Court of Protection for the judge to make a ruling regarding Linda s DoLS IMCA can support you with this and with any part of the RPR guide has been developed by Asist Advocacy Services in partnership with Stoke on Trent City Council and North Staffordshire Combined Healthcare Trust August 2015 Supervisory Body: Stoke on Trent City CouncilTelephone: 01782 235353 Email: : Asist Advocacy Services Telephone: 01782 845584 Email: of ProtectionPO Box 70185 First Avenue House42-49 High HolbornLondonWC1A 9 JATelephone: 0300 456 4600